Driving related decisions by the courts.
In this case before The Honourable Mr. Justice G.R. Gaul, the plaintiff, David Vagramov is suing the defendant, Shaun Zipursky for damages resulting from a motor vehicle collision at an uncontrolled intersection.
In the case of R v Reid, Judge Lemiski examines an incident in which Reid was the driver of a motor vehicle that fatally injured a young boy in a parking lot. Reid parked her vehicle, failed to place the gear selector in park, and then mistook the gas for the brake, pinning the boy between her vehicle and a building.
11 year old Allan Chen was riding his skateboard on a steep sidewalk beside 10th Street in New Westminster. He could not stop on reaching the intersection with Royal Avenue and rode into the path of traffic where he was struck by a car driven by Juan Beltran.
The case of Regina v Derek William Irwin looks at the charge of Dangerous Driving under section 249 of the Criminal Code of Canada. Dangerous driving is "a marked departure from the standard expected of a reasonably prudent driver."
This is a case decided by the BC Court of Appeal in 1994. It has relevance today for requests for disclosure to prepare a defence for traffic court. A quick look at many internet sites will find advice that you should ask for everything except the dirt in the floor mats of the police vehicle and if the police don't supply it the case will be dismissed.
Kurtis William Rock was an 18 year old who spent the day drinking beer in the park with friends. At the conclusion of the drinking session he loaded two minors in his mother's Buick Rendezvous and entered traffic in the City of Vancouver.
Chelsea Fisher was driving westbound on 43 Avenue just past 32 Street in Vernon. She was approaching the intersection where traffic for the mall entered onto 43 Avenue in a T intersection to her right. Robert Karol had stopped at the stop sign to exit the mall parking lot and intended to turn left onto 43 Avenue. He proceeded from the stop sign, did not yield to Ms. Fisher and a collision resulted.
This case from the Supreme Court of BC illustrates the perils of declaring someone to be the principal operator of a motor vehicle during the purchase of insurance where that person is not the principal driver. This case arose, post collision, where ICBC alleged that this was done to avoid paying the proper insurance rates.
A vehicle driven by the plaintiff, Mona Saffari, collided with the rear of a vehicle driven by the defendant, Martin Lopez, and owned by the defendant, Stephanie Pfeifer. At the time, both vehicles were headed from North Vancouver toward Vancouver and had entered the on-ramp to proceed southbound on the Lions Gate Bridge. Mr. Lopez had stopped suddenly on the on-ramp and was held partially at fault for the collision in this judgment.
Drivers that fail to produce a driver's license with their picture on it when stopped present a very real difficulty for the officer. Is the driver one that cannot be bothered, did they just forget it this trip, or are they prohibited, unlicensed or impersonating someone else to avoid being charged?